Sustentabilidade em debate o papel da arbitragem internacional na execução de cláusulas ESG derivadas de contratos de comércio global

Abstract

The present article examines the challenges and prospects of international arbitration in light of the growing incorporation of ESG (Environmental, Social and Governance) clauses in global trade contracts. It demonstrates that, although arbitration is traditionally recognized for its greater technical efficiency, speed, and confidentiality, it is undisputed that such characteristics may come into tension with the collective and diffuse nature of sustainability commitments. Thus, the analysis considers how the conflict between party autonomy and transparency requirements may be mitigated through procedural adjustments, such as selective publicity of certain acts, stakeholder participation, and the adoption of governance standards compatible with public interests. It concludes that international arbitration, by adapting to this new scenario, can assume a strategic role in the implementation of responsible business practices and in harmonizing private interests with socio-environmental obligations, thereby contributing to the consolidation of a more sustainable global economic order.